Preamble & National Territory

Question 1

What is “preambulare”

Answer 1

To walk before

Question 2

When is the national territory resolved?

Answer 2

When recognized or agreed by the other states

Question 3

Why is it necessary to make an article on national territory?

Answer 3

1. Binding force under international law
2. Value of provision defining our national territory
3. Acquisition of other states

Question 4

What is UNCLOS?

Answer 4

United Nations Convention on the Law of the Seas

Question 5

What did the UNCLOS declare the philippines?

Answer 5

The archipelagic doctrine delegated by Arturo Tolentino (1973 consti)

Question 6

What is another word of “archipelago”

Answer 6

“Relagos” - sea

Question 7

What is the legal definition of archipelago?

Answer 7

Consists of groups of islands, waters and natural features which are so closely interrelated that such islands, water and natural features form
an intrinsic, geographical, economic and political entity or which historically have been regarded as such.

Question 8

What are the area included in this article?

Answer 8

1. Territorial sea (marginal belt) - 12 nautical miles
2. Seabed (sea floor/sea bottom)- lying beneath the sea
3. Subsoil - beneath surface soil and seabed
4. Insular shelves - slope
5. Other submarine areas

Question 9

What is the 3-fold division?

Answer 9

1. Inland/Internal waters - parts of sea within land territory
2. Territorial sea (supra.) - belt of water outside and parallel to the coast line
3. High/open seas - seaward of territorial sea

Question 10

What is the agreement on the territorial sea?

Answer 10

3 miles (canon shot rule) ➡️ 12 miles ( advance weapons) ➡️ 24 miles (contiguous zone) ➡️ 200 miles ( exclusive economic zone)

Question 11

In the contiguous zone, what type of laws are able to be implemented?

Answer 11

Fiscal
Sanitation
Customs and duties
Immigration

Question 12

What are the rights implemented in the EEZ?

Answer 12

Right to explore and exploit natural resources to the exclusion of other states

(Economic gain but not political gain)

Question 13

What are the 2 elements of the archipelagic doctrine?

Answer 13

1. Baseline method

2. Internal water method

Question 14

What is baseline method?

Answer 14

Identify the outermost islands, then get the outermost points of the island, then extend until 12 miles and lastly connect the dots

Question 15

What is internal water method?

Answer 15

All the waters around/between/connecting the island regardless of their breadth/dimension shall take part of the internal water

Question 16

What are the rights implemented in the elements of the archipelagic doctrine?

Answer 16

Right of Innocent passage

Right of Sea Lane passage

Question 17

What is the right of innocent passage?

Answer 17

A foreign ship or aircraft above may pass through the archipelagic waters without entering the internal waters of the archipelagic state provided that the passage is continuous and expeditious

Question 18

What is the right of sea lane passage?

Answer 18

The archipelagic may designate sea lanes/air routes there above for the innocent passage of foreign ship/air crafts

Question 19

Why is the preamble written if it’s not even essential?

Answer 19

1. Authors are seen and explained
2. It explains why the consti was written
3. Serves as a guide